The Truth Behind RUSTOM’s Story

legalnow.org
LegalNow
Published in
4 min readJul 30, 2016

Did you know Akshay Kumar’s next movie RUSTOM is based on the real life story of an Indian Navy Commander? The trailer of Akshay Kumar’s Rustom brings to light the real life events of Kawas Manekshaw Nanavati.

It is based on one of the most controversial and sensational cases in Indian history, K. M. Nanavati v. State of the Maharashtra. The whole world was in a dizzy trying to figure out whether the murder was a premeditated or was in the “heat of the moment”.

This case serves as an example of the misleading role public emotion can play in determining the guilt of an accused.

Before you decide to go watch the movie, here is everything you need to know about the infamous case:

Wife’s Bold Confession

In K.M. Nanavati’s absence, due to his frequent travel, Sylvia Nanavati built an extra-marital relationship with their family friend, Prem Ahuja. She wanted to divorce Nanavati and marry Prem but Prem refused. Troubled by this, on 27 April 1959, Sylvia confessed to K.M. Nanavati that she was in love with a family friend, Prem Ahuja.

K.M. Nanavati’s Impulse Reaction

Distraught Nanavati, on the same night, dropped his wife and children at a movie hall and went to Prem Ahuja’s apartment where he asked him “whether he is ready to marry his wife Sylvia”. On this question he answered that “I don’t marry every girl I sleep with”.

Hearing this statement, K.M. Nanavati shot three bullets from point blank range at Prem Ahuja with his service revolver and killed him.

K.M. Nanavati was charged with Murder under the section 302 of the Indian Penal Code.

The Confession & Judgement

He confessed his crime to the Provost Marshal of the Western Naval Command and, later, surrendered before the Deputy Commissioner of Police.

In the trial court, the main question to be decided was that whether Nanavati shot Ahuja in the “heat of the moment” or whether it was a premeditated murder.

Reginald Pierce, Only Juror who voted against Nanvati

Since Nanavati, had no criminal background and had the sympathy of the jury, the Bombay Session Court pronounced him not guilty of murder because the jury’s verdict was 8 against 1.

Ram Jethmalani — The Maverick

Ram Jethmalani, who was not so famous back then, the lawyer representing Mamie Ahuja (sister of Prem Ahuja) was able to get the trial court to refer the matter to Bombay High Court.

Judgement Reversal & Punishment

The Bombay High Court reversed the order and sentenced Nanavati to be guilty agreeing that the murder was premeditated. Despite the public support, Nanavati was sentenced to life imprisonment which was confirmed in November 1961 by the Supreme Court.

Parsi Community Support & Media Coverage

The biggest support Nanavati got was from his own community members. Parsis all over Mumbai held rallies in his support. They even conducted an event at Jehangir Hall to back the Governor’s decree to put Nanavati under naval custody by suspending K.M Nanavati’s life sentence till his appeal was heard by the apex court. The rally saw around 8,500 people in attendance — 3,500 people in the hall and 5,000 outside the hall. The Parsi community as well as the public in general saw Nanavati has an upright naval officer strong sense of honour and high middle class values.

Daily Blitz, the media outlet was covering this trial almost daily and it even published a mercy petition.

K.M. Nanavati in Daily Blitz

The Pardon that came later

Parsi and Sindhi community after coming to an agreement asked Ram Jethmalani, the prosecutor in the case to persuade his client Mamie Ahuja to forgive the killer of her brother. Following which, the lady gave her assent for his pardon in writing.

After spending 3 years in jail, he was finally pardoned by Governor of Maharashtra, Vijayalakshmi Pandit — sister of Prime Minister Nehru, in the year 1962.

After getting pardoned, Nanavati, his wife and their 2 kids left for Canada.

P.S: This is the last case which followed the Jury System in India.

We highly recommend watching Akshay Kumar portray the strong lead. It will give you a great insight into the legal procedures that the country was following back then.

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